Markey files bill to advance tribe’s land-into-trust efforts

Friday

Mar 8, 2013 at 5:45 PMMar 8, 2013 at 5:51 PM

Congressman Ed Markey has refiled legislation that would circumvent the Supreme Court’s so-called Carcieri decision of 2009, removing one of the hurdles faced by the Masphee Wampanoag in its bid to develop a tribal casino in Taunton.

STEVE DeCOSTA

Congressman Ed Markey has refiled legislation that would circumvent the Supreme Court’s so-called Carcieri decision of 2009, removing one of the hurdles faced by the Masphee Wampanoag in its bid to develop a tribal casino in Taunton.

Among co-sponsors of the legislation is Rep. William Keating, who represents SouthCoast.

Markey, ranking member of the natural resources committee that has responsibility for native American issues, said in a statement: “I’ve supported legislation to correct the flawed ruling, which held that the Secretary of the Interior may only take land into trust for Indian tribes under federal jurisdiction as of 1934. Tribes like Mashpee that were federally recognized well after 1934 are therefore significantly impacted by the decision and efforts to establish their reservation and create a homeland for their citizens are jeopardized.”

Since Massachusetts has decided to allow casino gambling, the tribe should get its just rewards, said Markey, who is running for the Massachusetts Senate seat recently vacated by new Secretary of State John Kerry.

“The people of Massachusetts have rendered their verdict on gaming. It is coming to our state,” Markey said. “In light of that fact, I have supported the state developing a gaming compact with the Mashpee Wampanoag as a way to support revitalizing its tribal culture, providing fundamental health, housing and other government services to its people and encouraging economic independence.”

The state’s Expanded Gaming Act of 2011 gave federally recognized tribes a window of exclusivity for casino rights in Southeastern Massachusetts, and the Mashpee Wampanoag lived up to its end of the bargain by meeting a July 31, 2012, deadline.

But, with the federal rejection of the tribal-state compact in October and the Carcieri decision still in the way, the state’s Gaming Commission is scheduled at its March 21 meeting at Bristol Community College to consider opening the southeastern part of the state, known as Region C, to commercial casino applicants.

The tribe said it appreciated the filing of the legislation, but doesn’t believe it is necessary to further its casino pursuit.

Recently re-elected tribal council Chairman Cedric Cromwell said in a statement: “While we are confident that the Department of the Interior has the legal authority to take land into trust on our behalf, a clean Carcieri fix would help clear up the confusion caused by the Supreme Court’s 2009 decision and would spur economic development across Indian Country.”

Markey co-sponsored the legislation when it was introduced in 2011 by Rep. Dale Kildee. When the Michigan Democrat retired, Markey took up the mantle.